The court dismissed the writ petition seeking a mandamus to direct respondents to accept premium payment in installments for a shop allotment, ruling that the open auction conditions must be strictly followed to ensure fairness to genuine bidders.
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Court No. - 1
Case :- WRIT - C No. - 33843 of 2019
Petitioner :- M/S Navin Sharma And Company Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rakesh Kumar Verma,Ram Jatan Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Rakesh Kumar Verma, learned counsel for the petitioner, Sri Sanjay Kumar Tiwari, learned Standing Counsel appearing for respondents nos. 1 to 3 and perused the record.
By means of the present petition, the petitioner has prayed for relief in the nature of mandamus for directing the respondents to accept the premium of money from the petitioner by way of installment.
From the perusal of the allotment order of the shop in question, it is absolutely clear that allotment was subject to deposit of 50% amount of premium within the prescribed period of time.
In our considered opinion, the allotment was subject to certain conditions with which the petitioner had accepted and participated in the bid. Once the petitioner participated in the bid organized in an open auction proceedings, it shall be deemed that he had voluntarily chosen to offer a bid for a shop and to accept it with such conditions as may be contained in the allotment order. Any interference and permission to deposit premium in instalments would not only be contrary to the rules but would amount to giving undue advantage to those who had no money to offer and yet intruded to defeat genuine bidders, giving serious jolt to the object behind open auction proceedings and this we would certainly not permit. Therefore, in such situation, we cannot modify the terms and conditions of the allotment order.
This Court declines to interfere in the writ petition.
Writ petition is, accordingly, dismissed, consigned to records.
(Ajit Kumar, J.) (Ramesh Sinha, J.)
Order Date :- 21.10.2019 Gaurav
1 issue framed by the court
Whether the court can modify the terms of the allotment order to allow premium payment in installments instead of a 50% deposit.
M/S Navin Sharma And Company
State Of U.P.
2 Others
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
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